Common use of Liens and Notices of Non-Responsibility Clause in Contracts

Liens and Notices of Non-Responsibility. TOGI agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGI, and to pay, and defend, indemnify and hold harmless Owner from and against, all indebtedness and liabilities incurred by or for TOGI which may or might become a lien, charge or encumbrance; except that TOGI need not discharge or release any such lien, charge or encumbrance so long as TOGI disputes or contests the lien, charge or encumbrance or posts a bond sufficient to discharge lien acceptable to Owner. Subject to TOGI's right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner shall have, in addition to Owner's contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Owner deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner for and all expenses incurred by it in connection with such purpose, including court costs and attorney's fees, shall be payable by TOGI to Owner on demand with interest at the Interest Rate. Nothing in this Section shall prohibit TOGI's grant of a lien or security interest in this Agreement to secure financing for its operations on or relating to the Property.

Appears in 4 contracts

Samples: Mining Lease and Option to Purchase Agreement (Tornado Gold International Corp), Mining Lease and Option to Purchase Agreement (Tornado Gold International Corp), Lease and Option to Purchase Agreement (Tornado Gold International Corp)

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Liens and Notices of Non-Responsibility. TOGI Lessee agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGILessee, and to pay, and defend, indemnify and hold harmless Owner from and against, all indebtedness and liabilities incurred by or for TOGI Lessee which may or might become a lien, charge or encumbrance; except that TOGI Lessee need not discharge or release any such lien, charge or encumbrance so long as TOGI Lessee disputes or contests the lien, charge or encumbrance or and posts a bond sufficient to discharge lien acceptable to Owner. Subject to TOGI's Lessee’s right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI Lessee does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner shall have, in addition to Owner's ’s contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Owner deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner for and all expenses incurred by it in connection with such purpose, including court costs and attorney's ’s fees, shall be payable by TOGI Lessee to Owner on demand with interest at the Interest Rate. Nothing Owner shall, at Owner’s sole cost, file a Notice of Non-Responsibility in Owner name with the local County within 30 days of execution of this Agreement and herein attached as Exhibit C and by this reference incorporated in this Section shall prohibit TOGI's grant of a lien or security interest in this Agreement to secure financing for its operations on or relating to the PropertyAgreement.

Appears in 4 contracts

Samples: Purchase Agreement (Brilliant Sands Inc), Exploration and Mining Lease and Option to Purchase Agreement (Idaho North Resources Corp.), Purchase Agreement (Idaho North Resources Corp.)

Liens and Notices of Non-Responsibility. TOGI Lessee agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGILessee, and to pay, and defend, indemnify and hold harmless Owner Landowner from and against, all indebtedness and liabilities incurred by or for TOGI Lessee which may or might become a lien, charge or encumbrance; except that TOGI Lessee need not discharge or release any such lien, charge or encumbrance so long as TOGI Lessee disputes or contests the lien, charge or encumbrance or and posts a bond sufficient to discharge lien acceptable to OwnerLandowner. Subject to TOGILessee's right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI Lessee does not within thirty (30) 30 days following the imposition of any such lien, ; charge or encumbrance, cause the same to be released of record, Owner Landowner shall have, in addition to OwnerLandowner's contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Owner Landowner deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner Landowner for and all expenses incurred by it in connection with such purpose, including court costs and attorney's fees, shall be payable by TOGI Lessee to Owner Landowner on demand with interest at the Interest Rate. Nothing in this Section shall prohibit TOGI's grant of a lien or security interest in this Agreement to secure financing for its operations on or relating to the Property.

Appears in 3 contracts

Samples: Stabb Geothermal Lease Agreement (Nevada Geothermal Power Inc), Geothermal Lease Agreement (Nevada Geothermal Power Inc), Stabb Geothermal Lease Agreement (Nevada Geothermal Power Inc)

Liens and Notices of Non-Responsibility. TOGI Lessee agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGILessee, and to pay, and defend, indemnify and hold harmless harm-less Owner from and against, all indebtedness and liabilities incurred by or for TOGI Lessee which may or might become a lien, charge or encumbrance; except that TOGI Lessee need not discharge or release any such lien, charge or encumbrance so long as TOGI Lessee disputes or contests the lien, charge or encumbrance or and posts a bond sufficient to discharge lien acceptable to Owner. Subject to TOGI's Lessee’s right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI Lessee does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner shall have, in addition to Owner's ’s contractual and legal remedies, the right, but not the obligation, obligation to cause the lien to be released by such manner as Owner deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner for and all expenses incurred by it in connection with such purpose, including court costs and attorney's attorney fees, shall be payable paid by TOGI Lessee to Owner on demand within 10 days with interest accruing thereafter at the Interest Rate. Nothing in Notwithstanding the provisions of this Section Section, Lessee shall prohibit TOGI's grant of a lien or have the right to xxxxx x xxxx and security interest in this Agreement to secure the Property for the purpose of obtaining financing for its operations the development of a mine on or relating to the Property.

Appears in 3 contracts

Samples: Purchase Agreement, Mining Lease and Option to Purchase Agreement (Max Resource Corp.), Mining Lease and Option to Purchase Agreement (Max Resource Corp.)

Liens and Notices of Non-Responsibility. TOGI GSV agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGIGSV, and to pay, and defend, indemnify and hold harmless Owner from and against, all indebtedness and liabilities incurred by or for TOGI GSV which may or might become a lien, charge or encumbrance; except that TOGI GSV need not discharge or release any such lien, charge or encumbrance so long as TOGI GSV disputes or contests the lien, charge or encumbrance or and posts a bond sufficient to discharge lien acceptable to Owner. Subject to TOGI's GSV’s right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI GSV does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner shall have, in addition to Owner's ’s contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Owner deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner for and all expenses incurred by it in connection with such purpose, including court costs and attorney's ’s fees, shall be payable by TOGI GSV to Owner on demand with interest at the Interest Rate. Nothing in this Section shall prohibit TOGI's grant of a lien or security interest in this Agreement to secure financing for its operations on or relating to the Property.

Appears in 2 contracts

Samples: Gold Standard Ventures Corp., Gold Standard Ventures Corp.

Liens and Notices of Non-Responsibility. TOGI Lessee agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGILessee, and to pay, and defend, indemnify and hold harmless Owner NLRC from and against, all indebtedness and liabilities incurred by or for TOGI Lessee which may or might become a lien, charge or encumbrance; except that TOGI Lessee need not discharge or release any such lien, charge or encumbrance so long as TOGI Lessee disputes or contests the lien, charge or encumbrance or and posts a bond sufficient to discharge lien acceptable to OwnerNLRC. Subject to TOGILessee's right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI Lessee does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner NLRC shall have, in addition to OwnerNLRC's contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Owner NLRC deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner NLRC for and all expenses incurred by it in connection with such purpose, including court costs and attorney's fees, shall be payable by TOGI Lessee to Owner NLRC on demand with interest at the Interest Rate. Nothing in this Section shall prohibit TOGI's grant of a lien or security interest in this Agreement to secure financing for its operations on or relating to the Property.

Appears in 2 contracts

Samples: Geothermal Lease Agreement (Nevada Geothermal Power Inc), Geothermal Lease Agreement (Nevada Geothermal Power Inc)

Liens and Notices of Non-Responsibility. TOGI Lessee agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGILessee, and to pay, and defend, indemnify and hold harmless Owner Landowner from and against, all indebtedness and liabilities incurred by or for TOGI Lessee which may or might become a lien, charge or encumbrance; except that TOGI Lessee need not discharge or release any such lien, charge or encumbrance so long as TOGI Lessee disputes or contests the lien, charge or encumbrance or and posts a bond sufficient to discharge lien acceptable to OwnerLandowner. Subject to TOGI's Lessee’s right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI Lessee does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner Landowner shall have, in addition to Owner's Landowner’s contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Owner Landowner deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner Landowner for and all expenses incurred by it in connection with such purpose, including court costs and attorney's ’s fees, shall be payable by TOGI Lessee to Owner Landowner on demand with interest at the Interest Rate. Nothing in this Section shall prohibit TOGI's grant of a lien or security interest in this Agreement to secure financing for its operations on or relating to the Property.

Appears in 2 contracts

Samples: Geothermal Lease Agreement (Nevada Geothermal Power Inc), Geothermal Lease Agreement (Nevada Geothermal Power Inc)

Liens and Notices of Non-Responsibility. TOGI Romarco agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGIRomarco, and to pay, and defend, indemnify and hold harmless Owner from and against, all indebtedness and liabilities incurred by or for TOGI Romarco which may or might become a lien, charge or encumbrance; except that TOGI Romarco need not discharge or release any such lien, charge or encumbrance so long as TOGI Romarco disputes or contests the lien, charge or encumbrance or and posts a bond sufficient to discharge lien acceptable to Owner. Subject to TOGI's Romarco’s right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI Romarco does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner shall have, in addition to Owner's ’s contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Owner deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner for and all expenses incurred by it in connection with such purpose, including court costs and attorney's ’s fees, shall be payable by TOGI Romarco to Owner on demand with interest at the Interest Rate. Nothing in this Section Notwithstanding the foregoing, Romarco shall prohibit TOGI's grant of a lien or have the right to xxxxx x xxxx and security interest in its leasehold interest under this Agreement to secure for the purpose of obtaining financing for its operations Romarco’s activities on or relating to the Property.

Appears in 2 contracts

Samples: Mining Lease and Option to Purchase Agreement (Romarco Minerals Inc), Mining Lease and Option to Purchase Agreement (Romarco Minerals Inc)

Liens and Notices of Non-Responsibility. TOGI Lessee agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGILessee, and to pay, and defend, indemnify and hold harmless Owner from and against, all indebtedness and liabilities incurred by or for TOGI Lessee which may or might become a lien, charge or encumbrance; except that TOGI Lessee need not discharge or release any such lien, charge or encumbrance so long as TOGI Lessee disputes or contests the lien, charge or encumbrance or and posts a bond sufficient to discharge lien acceptable to Owner. Subject to TOGI's Lessee’s right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI Lessee does not within thirty sixty (3060) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner shall have, in addition to Owner's ’s contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Owner deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner for and all expenses incurred by it in connection with such purpose, including court costs and attorney's ’s fees, shall be payable by TOGI Lessee to Owner on demand with interest at the Interest Rate. Nothing Owner shall, at Owner’s sole cost, file a Notice of Non-Responsibility in Owner name with the local County within sixty (60) days of execution of this Agreement and herein attached as Exhibit C and by this reference incorporated in this Section shall prohibit TOGI's grant of a lien or security interest in this Agreement to secure financing for its operations on or relating to the PropertyAgreement.

Appears in 2 contracts

Samples: Purchase Agreement, Exploration and Mining Lease and Option to Purchase Agreement (Rarus Minerals Inc)

Liens and Notices of Non-Responsibility. TOGI Lessee agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGILessee, and to pay, and defend, indemnify and hold harmless Owner from and against, all indebtedness and liabilities incurred by or for TOGI Lessee which may or might become a lien, charge or encumbrance; except that TOGI Lessee need not discharge or release any such lien, charge or encumbrance so long as TOGI Lessee disputes or contests the lien, charge or encumbrance or and posts a bond sufficient to discharge lien acceptable to OwnerLessee. Subject to TOGI's Lessee’s right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI Lessee does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner Lessee shall have, in addition to Owner's Lessee’s contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Owner Lessee deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner Lessee for and all expenses incurred by it in connection with such purpose, including court costs and attorney's ’s fees, shall be payable by TOGI Lessee to Owner on demand with interest at the Interest Rate. Nothing Lessee shall, at Lessee’s sole cost, file a Notice of Non-Responsibility in Owner name with the local County within 30 days of execution of this Section shall prohibit TOGI's grant of a lien or security interest in this Agreement to secure financing for its operations on or relating to the PropertyAgreement.

Appears in 1 contract

Samples: Exploration and Mining Lease and Option to Purchase Agreement (North Springs Resources Corp.)

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Liens and Notices of Non-Responsibility. TOGI Lessee agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGILessee, and to pay, and defend, indemnify and hold harmless Owner Lessor from and against, all indebtedness and liabilities incurred by or for TOGI Lessee which may or might become a lien, charge or encumbrance; except that TOGI Lessee need not discharge or release any such lien, charge or encumbrance so long as TOGI Lessee disputes or contests the lien, charge or encumbrance or and posts a bond sufficient to discharge todischarge lien acceptable to OwnerLessor. Subject to TOGI's Lessee’s right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI Lessee does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner Lessor shall have, in addition to Owner's Lessor’s contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Owner Lessor deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner Lessor for and all expenses incurred by it in connection with such purpose, including court costs and attorney's ’s fees, shall be payable by TOGI Lessee to Owner Lessor on demand with interest at the Interest Rate. Nothing Lessor shall, at Lessor’s sole cost, file a Notice of Non-Responsibility in Lessor name with the local County within 30 days of execution of this Agreement and herein attached as Exhibit C and by this reference incorporated in this Section shall prohibit TOGI's grant of a lien or security interest in this Agreement to secure financing for its operations on or relating to the PropertyAgreement.

Appears in 1 contract

Samples: Processing Lease and Option to Purchase Agreement (JPX Global Inc.)

Liens and Notices of Non-Responsibility. TOGI Lessee agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGILessee, and to pay, and defend, indemnify and hold harmless Owner from and against, all indebtedness and liabilities incurred by or for TOGI Lessee which may or might become a lien, charge or encumbrance; except that TOGI Lessee need not discharge or release any such lien, charge or encumbrance so long as TOGI Lessee disputes or contests the lien, charge or encumbrance or and posts a bond sufficient to discharge lien acceptable to Owner. Subject to TOGI's Lessee’s right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI Lessee does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner shall have, in addition to Owner's ’s contractual and legal remedies, the right, but not the obligation, obligation to cause the lien to be released by such manner as Owner deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner for and all expenses incurred by it in connection with such purpose, including court costs and attorney's attorney fees, shall be payable paid by TOGI Lessee to Owner on demand with interest at the Interest Rate. Nothing in Notwithstanding the provisions of this Section Section, Lessee shall prohibit TOGI's grant of a lien or have the right to xxxxx x xxxx and security interest in this Agreement to secure the Property for the purpose of obtaining financing for its operations the development of a mine on or relating to the Property.

Appears in 1 contract

Samples: Mining Sublease and Option to Purchase Agreement (Entourage Mining LTD)

Liens and Notices of Non-Responsibility. TOGI FAS agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGIFAS, and to pay, and defend, indemnify and hold harmless Owner from and against, all indebtedness and liabilities incurred by or for TOGI FAS which may or might become a lien, charge or encumbrance; except that TOGI FAS need not discharge or release any such lien, charge or encumbrance so long as TOGI FAS disputes or contests the lien, charge or encumbrance or and posts a bond sufficient to discharge lien acceptable to Owner. Subject to TOGIFAS's right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI FAS does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner shall have, in addition to Owner's contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Owner deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner for and all expenses incurred by it in connection with such purpose, including court costs and attorney's fees, shall be payable by TOGI FAS to Owner on demand with interest at the Interest Rate. Nothing in this Section shall prohibit TOGI's grant of a lien or security interest in this Agreement to secure financing for its operations on or relating to the Property.

Appears in 1 contract

Samples: Mining Lease and Option to Purchase Agreement (First American Silver Corp.)

Liens and Notices of Non-Responsibility. TOGI Lessee agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGILessee, and to pay, and defend, indemnify and hold harmless Owner Lessee from and against, all indebtedness and liabilities incurred by or for TOGI Lessee which may or might become a lien, charge or encumbrance; except that TOGI Lessee need not discharge or release any such lien, charge or encumbrance so long as TOGI Lessee disputes or contests the lien, charge or encumbrance or and posts a bond sufficient to discharge lien acceptable to OwnerLessee. Subject to TOGI's Lessee’s right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI Lessee does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner Lessee shall have, in addition to Owner's Lessee’s contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Owner Lessee deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner Lessee for and all expenses incurred by it in connection with such purpose, including court costs and attorney's ’s fees, shall be payable by TOGI Lessee to Owner on demand with interest at the Interest Rate. Nothing Lessee shall, at Lessee’s sole cost, file a Notice of Non-Responsibility in Owner’s name with Mineral County within 30 days of execution of this Section shall prohibit TOGI's grant of a lien or security interest in this Agreement to secure financing for its operations on or relating to the PropertyAgreement.

Appears in 1 contract

Samples: Exploration and Mining Lease and Option to Purchase Agreement (Tombstone Exploration Corp)

Liens and Notices of Non-Responsibility. TOGI Lessee agrees to keep the Property at all al.1 times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGILessee, and to pay, and defend, indemnify and hold harmless harm­less Owner from and against, all indebtedness and liabilities incurred by or for TOGI Lessee which may or might become a lien, charge or encumbrance; except that TOGI Lessee need not discharge or release any such lien, charge or encumbrance so long as TOGI Lessee disputes or contests the lien, charge or encumbrance or and posts a bond sufficient to discharge lien acceptable to Owner. Subject to TOGILessee's right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI Lessee does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner shall have, in addition to Owner's contractual and legal remedies, the right, but not the obligation, obligation to cause the lien to be released by such manner as Owner deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner for and all expenses incurred by it in connection with such purpose, including court costs and attorney's attorney fees, shall be payable paid by TOGI Lessee to Owner on demand within 10 days with interest accruing thereafter at the Interest Rate. Nothing in Notwithstanding the provisions of this Section Section. Lessee shall prohibit TOGI's grant of a lien or have the right to xxxxx x xxxx and. security interest in this Agreement to secure the Property for the purpose of obtaining financing for its operations the development of a mine on or relating to the Property.

Appears in 1 contract

Samples: Mining Lease and Option to Purchase Agreement (Max Resource Corp.)

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